Recording Debt Collection/Settlement Calls

[soliloquy]

I just wanted to clear up some misinformation I saw on one of the theads concerning taping phone conversations. Some people believe that in all states, you must have the consent of all parties to tape a conversation and this is not necessarily true. It is a state by state basis (unless interstate calls are taking place which generally with debt collection, they are interstate).

 

Federal recording law says that at least one party taking part in the call MUST consent to the recording. (18 U.S.C. Sec. 2511(2)(d)). This means recording a call you are not involved in is illegal throughout the U.S. UNLESS you are a business and the call is occurring on a phone line or extension you are paying for. Federal law applies when the phone call extends over state lines (example: a person in California calling a person or company in Texas).

Certain states require that for a phone call within the same state only ONE party involved in a multi-party phone call need to give consent. Other states require that ALL parties involved in a phone call or conversation be made aware of the intent to record before you can actually proceed to record the call.

Thirty-eight states and the District of Columbia permit individuals to record conversations to which they are a party without informing the other parties that they are doing so. These laws are referred to as “one-party consent” statutes, and as long as you are a party to the conversation, it is legal for you to record it. (Nevada also has a one-party consent statute, but the state Supreme Court has interpreted it as an all-party rule.)

Twelve states require the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.

States Requiring One Party Notification (which could be you as long as you are part of the conversation)

Alabama
Alaska
Arizona
Arkansas
Colorado
District Of Columbia
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky Louisiana
Maine
Minnesota
Mississippi
Missouri
Nebraska
Nevada
New Jersey
New Mexico
New York
North Carolina
North Dakota
Oklahoma Oregon
Ohio
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
West Virginia
Wisconsin
Wyoming

 

[Anonymous]

State laws can and do change from time to time, so be sure to find out the specific laws in your state.

http://www.rcfp.org/taping/states.html

[jeffeverde]

I know this isn't a legal advice sight, but maybe this has come up before-

In an All-Parties Consent State (I'm in California), if one party announces their intent to record the call, does the other party also have to obtain explicit consent to record?   My take is that when one party announces their intent to record the call, they are implicitly expressing their consenting to the call being recorded, and not further announcement is necessary.

In the past, I've announced my intent-- and it's amusing how flustered a CA agent gets when you respond to their omnious "This call is being recorded!" warning, with a cheerful "Terrific!  I'm recording, too!".   But fun factor aside, I actually want a recording of the conversation, and so far only 1 agent has not hung up after I've asserted my right to also record the call.  

 Anyone have information that specifically addresses this?